Law & Law Enforcement

Ethics Dunces: John Harrington, Commissioner Of The Minnesota Department of Public Safety, Hennepin County Attorney Mike Freeman, And Minneapolis Mayor Jacob Frey

/ Jack Marshall / 43 Comments

John Harrington, commissioner of the Minnesota Department of Public Safety, announced today that former Minneapolis police officer Derek Chauvin has been arrested,  four days after the release of a video in which Chauvin was seen kneeling on the neck of African-American George Floyd, as he pleaded with officers to release him. saying he couldn’t breathe. Floyd was apparently correct, as he later died.

Hennepin County Attorney Mike Freeman told reporters that Chauvin has been charged with third-degree murder. “This is by far the fastest we’ve ever charged a police officer,” Freeman said.

I’m sure the applause was thunderous. Because it took four days for these officials to act on what the video made screamingly obvious from the beginning, millions of dollars of property in the city have been destroyed by rioting. “I am not insensitive to what’s happened in the streets.” Freeman said, “[but] my job is to do it only when we have sufficient evidence.”

He had sufficient evidence to arrest and charge Chauvin the second the video was available. One day to make sure there were no hidden surprises, okay, maybe. Four? Outrageous.

Meanwhile, in this paragon metropolis of progressive values and logic, Minneapolis mayor Jacob Frey’s government said that it is giving out masks to rioters. Previously, Frey had warned that allowing 25% capacity in churches would be “a recipe in Minneapolis for a public health disaster” due to the pandemic. Minnesota has prohibited gatherings of ten or more people…except when they are looting, burning and rioting, apparently.

Is this a great state, or what?

 

What Is “Justice For George Floyd”?

/ Jack Marshall / 15 Comments

There is no justice for George Floyd. The cries for such a result raise a straw man. Floyd is dead, and shouldn’t be dead. There is no remedy for that, and our system promises none. In the criminal justice system, the role of what would be the plaintiff in a civil proceeding is taken by the State, or “the People.” Justice is sought by society, to validate the system of the rule of law, and to ensure the safety and integrity of society and civilization.

Whether or not the officers responsible for George Floyd’s death—and absent the revelation of some  miraculous intervening cause that nobody suspected, like Floyd being bitten by an escaped  Black Mamba while the police officer was kneeling on his neck, there is no reasonable argument that the officers were not responsible for his death—are convicted and punished to anyone’s satisfaction is not the measure of “justice” in this case. The measure of justice is whether due process is followed, whether the officers are fairly tried and competently defended, whether their prosecution obeys the rules of evidence and follows the law in all other respects, whether a competent and fairly vetted jury evaluates the evidence presented and delivers a verdict consistent with that evidence, following a trial overseen by an impartial judge, who then declares a fair punishment in light of the verdict. That is all our system can achieve. Whether all citizens, or any citizens at all, like or approve of the final outcome is irrelevant, and has nothing whatsoever to do with “justice for George Floyd.” The system seeks justice in a broader sense. Continue reading →

In-Between Ethics Warm-Up, Late 5/28/ Or Early 5/29/2020…

/ Jack Marshall / 91 Comments

Good whatever-it-is…

One problem with having to take a nap every couple of hours is that all sleep patterns inevitably get wrecked, and that’s where I am now, awake and staring in the early morning or late night…what fun.

1. I see that we have riots in Minneapolis. The Third Precinct police station was set on fire; earlier, rioters burned down a six-story, 190-unit affordable housing project  slated to open in the spring of 2021. That development cost approximately $37 million. Never mind: MSNBC’s reliably ridiculous Ali Velshi told his viewers, literally as flames raged behind him, that “this is mostly a protest. It is not generally speaking unruly.” I would say this is unbelievable, but it only slightly moves the needle in the manner the current left-mainstream media regards reality as a flexible concept.

Meanwhile, there is absolutely no rational nor ethical justification for riots, ever, as a response to a single instance of police brutality, or in response to anything else. Nevertheless, we will get rationalizations and excuses from the usual suspects, as well as pious humming that it’s “understandable” for people to act this way. Not if rioters are to be regarded as adults, it’s not. They are harming innocent fellow citizens and business owners, and making matter worse, not better. The enablers and the apologists for such conduct should be duly marked, identified, and condemned, and no, the four rogue police officers who appear to have killed George Floyd did not “cause” the riots. The rioters caused the riots; it’s a choice, and an inexcusable one. The protests elsewhere demanding premature charges and the abandonment of due process regarding the officers are similarly indefensible.

This isn’t even a close call, and it is frightening that so few  are willing to articulate it without equivocation. Continue reading →

Unethical Quote Of The Month: Rep. Maxine Waters

/ Jack Marshall / 18 Comments

“My first thought was not again, not one more killing. And I’m reflecting on all of the killings of young black men in particular, but of course, black women too, at the hands of the police and at the hands of, you know, these white supremacists….I think that the officer who had his knee on his neck enjoyed doing what he was doing. I believe sometime some of these officers leave home thinking, ‘I’m going to get me one today.’ And I think this is his one that he got today…And I’m thinking about the way that the president conducts himself. In a way, he’s dog-whistling, and I think that they’re feeling that they can get away with this kind of treatment. And I’m just so sorry about the loss of another life.”

—-Rep. Maxine Waters (D-Cal), in full race-baiting, hate-mongering, Big Lie peddling, mind-reading mode as she sought  to draw damning generalities from the death of African-American George Floyd

I wonder: Has there been a more destructive, vicious, irresponsible and divisive political figure on the American scene over the last 50 years than Maxine Waters?  George Wallace was pretty much through by 1970. Who else? Has there been any such figure, whose rhetoric was even close to this reprehensible, that the news media and Democratic Party were so reluctant to call out for what he or she was? Continue reading →

Mail-in Voting Ethics

/ Jack Marshall / 30 Comments

Ann Althouse flagged this tweet by “Dilbert” cartoonist/Trump-whisperer Scott Adams, and as is her wont sometimes (unfortunately), uses it to get tangled up in the logical conundrums she finds amusing. I’m not sufficiently amused: Adams is wrong, but he did put his finger on one of the problems with mail voting that advocates for the process refuse to acknowledge.

There is only one way to complete a vote: the voter does something that directly registers his or her choice without any intervening agency or process. No voting procedure that permits voting with intervening agency or process is sufficiently secure and reliable. Those who advocate such systems are to be viewed with suspicion and presumptions of either bad intent or faulty reasoning.

Both Adams and Althouse seem to be laboring under the misconception that someone who accepts the responsibility of mailing someone’s vote has a choice. Such an individual is, under the law, a gratuitous bailee, meaning that they have accepted an obligation without compensation. That means that if they fail the obligation, the one whose task they defaulted on usually has no legal recourse, but it doesn’t change the ethical situation at all. The gratuitous bailee promised to do something for someone, that individual relied on their promise, and the “friend” engaged in betrayal. Continue reading →

From The #BelieveAllWomen Files: Professor Parisi’s Nightmare

/ Jack Marshall / 5 Comments

University of Minnesota law professor Francesco Parisi has won a defamation judgment of nearly $1.2 million against former girlfriend Morgan Wright over her false accusation of rape that appears to have been in retaliation for a romance gone sour.

His apparently unbalanced accuser was Morgan Wright, a woman who  told people that she a degree from the Juilliard School of Music and a Master of Art degree in educational psychology when she had neither, according to the judge’s decision. She also signed emails “Dr. Wright,” though she was not a doctor. The old rule “Never sleep with anyone crazier than you are” comes to mind.

In addition to  rape, Wright also accused Parisi of sexual crimes against others and of attempting  to run her down with his black Jeep on three occasions, the last after he had sold the car.

“The preponderance of the evidence clearly shows that Wright created a destructive fiction,” Judge Daniel Moreno wrote. “Wright publicized allegations without regard for their truth or effect: that Parisi raped her, that he had sex with underage girls after giving them alcohol, that his daughter accused him of raping her, and that he was HIV positive. She spread these defamatory statements to Parisi’s employer (the University of Minnesota), to the Minnesota Department of Health, and most importantly to the police.”

Oddly, if Parisi had been running for President against Donald Trump instead of being just a law professor, these accusations might not have hampered his career advancement  at all! Continue reading →

Susan Rice Again, Part 2

/ Jack Marshall / 10 Comments

Continuing with the observations regarding this remarkable document…

4. I was once involved in an anti-trust lawsuit triggered when all of the competitors of the company I was working for gathered together and conspired on ways to sink my employer’s business. Before the minutes of the meeting, the group’s lawyers prepared a statement that that the group absolutely intended to obey all anti-trust laws, and the meeting would embody the ideals represented in those laws. Then they went ahead and, based on a recording of the meeting, planned ways to conspire against our business in direct violation of the laws they claimed to hold in such high esteem.

It was really comical; these idiots though that by having everyone sign a statement that they weren’t doing what they obviously were doing, this would provide some plausible deniability.

5. We now know that Rice’s bizarre memo was written upon the advice of the White House Counsel’s Office. Rice says she waited 15 days because it was her first opportunity to do so, since she had been so darned busy. It would be a more likely srory if Rice had any credibility at all, which she does not.

6. Let’s let Andrew McCarthy try to explain what’s going on here. The anti-Trump news sources will never give him a forum, so he’s related to Fox News, but McCarthy was spot-on in predicting the course of the Mueller investigation, as is as knowledgeable on the machinations of the Deep State as anyone. He explained in part,

How amusing to find President Obama’s national-security advisor, Susan Rice, suddenly calling for public release of the Flynn–Kislyak conversation intercepted by the Obama administration in late December 2016. I called for its release nearly three-and-a-half years ago. Dr. Rice, in a familiar pattern for her, has spent the ensuing years saying things that were obviously untrue only to reverse herself once the paper trail starts to dribble out.

….Rice has gone from claiming to have had no knowledge of Obama administration monitoring of Flynn and other Trump associates, to claiming no knowledge of any unmaskings of Trump associates, to admitting she was complicit in the unmaskings, to — now — a call for the recorded conversation between retired general Michael Flynn and Russian ambassador Sergey Kislyak to be released because it would purportedly show that the Obama administration had good reason to be concerned about Flynn (y’know, the guy she said she had no idea they were investigating).

Naturally, we have now learned that Rice was deeply involved in the Obama administration’s Trump–Russia investigation, including its sub-investigation of Flynn, a top Trump campaign surrogate who was slated to replace Rice as national-security advisor when President Trump took office.

Regarding the memo, McCarthy writes, Continue reading →

OK, “Jane Doe” Was A Lying, Venal, Fick. It Doesn’t Make Abortion Any More Or Less Ethical

/ Jack Marshall / 12 Comments

In the final 20 minutes of the documentary “AKA Jane Roe,” “Roe,” whose real name was Norma McCorvey, reveals that when she converted to an anti-abortion, born-again ex-gay Christian with the help of leaders of the evangelical Christian right, she was scamming them, us, everybody. Before that stunning reversal, she had been at the center the landmark Roe v. Wade decision, in which the U.S. Supreme court declared that the right to have an abortion was protected by the U.S. Constitution.

“This is my deathbed confession,” she says in the film, sitting in a chair, on oxygen, in her nursing home room , quite evidently pleased with herself. She is asked , “Did [the evangelicals] use you as a trophy?” “Of course,” she replies. “I was the Big Fish.”

“Do you think you would say that you used them?” “Well,” says McCorvey, “I think it was a mutual thing. I took their money and they took me out in front of the cameras and told me what to say. That’s what I’d say.” She even gives an example of her scripted anti-abortion lines. “I’m a good actress,” she points out. “Of course, I’m not acting now.”

Of course.

McCorvey isn’t the first litigant in ground-breaking jurisprudence to change her mind. William J. Murray, the atheist son of activist Madeline Murray O’Hair, who used his complaint about being forced to pray in school to launch the litigation that eventually  got all school prayer in public schools banned as unconstitutional, later became an ardent Christian. This always leads opponents of the decision to respond with “See? SEE?” Continue reading →

Morning Ethics Warm-Up, 5/19/2020: They Can’t Handle The Truth

/ Jack Marshall / 29 Comments

You want warm? I’ll give you warm!

1. That candidacy flamed out quickly! A movement seemed to be underway to have New York governor Andrew Cuomo replace doddering Joe Biden as the Democratic Presidential nominee when his press briefings regarding his state’s handling of the pandemic seemed so much clearer and straightforward than President Trump’s. (Not exactly a high bar, that.) Then the actual consequences of his leadership became apparent. Cuomo had issued a directive on March 25 requiring nursing facilities to accept patients recovering from the Wuhan virus,  and the policy, as many health experts predicted at the time, was a disaster. More than 5,400 New Yorkers have died in nursing facilities from the virus, forcing Cuomo to withdraw his directive last week. Then New York officials admitted to miscounting nursing home Wuhan virus deaths by only counting residents who died from the disease in the facility itself , intentionally omitting the deaths of residents who died after being transferred to a hospital.

The other problem for Cuomo when he was suddenly thrust into the limelight is that the man is an arrogant jerk who can’t seem to hide it, though the news media usually labors mightily to help him try. Over the weekend, however, a reporter asked Cuomo, “Governor, what would you say to families who have suffered losses inside nursing homes? They’re looking for accountability, and they’d like to see justice.”

Imagine the uproar if Donald Trump had given Cuomo’s answer, which ended with a shrug:

Older people, vulnerable people are going to die from this virus. That is going to happen despite whatever you do. Because with all our progress as a society, we can’t keep everyone alive. Despite what everything you do and older people are more vulnerable. And that is a fact. And that is not going to change.

Oh, I think it matters what you do, Governor. For example, deliberately placing people with a highly contagious disease in a crowded facility filled with the kind of people most at risk of dying from the virus pretty much ensures that more of those vulnerable people will die than would have otherwise. Continue reading →

Monday Morning Ethics Eye-Opener, 5/18/2020: Shopping Carts, Stupid Cabinet Member Tricks, And More [CORRECTED]

/ Jack Marshall / 23 Comments

Ready?

Many readers have been sending in suggested post ideas, which is especially appreciated since the news media seems to have decided that only pandemic-related matters, Democratic Party-boosting  and Trump-bashing are worthy of prominent coverage. Let’s look at today’s Times front page—one, two—out of six stories, only one, at the bottom of the page, isn’t in one of these three categories.

I’ve also been receiving much appreciated help fixing typos. Thanks. Sometimes I find my own mistake, like noticing this morning that Glenn Logan’s excellent Comment of the Day from the weekend somehow got posted without a headline or a tag mentioning that it was the Comment of the Day.

1. Is State Secretary Mike Pompeo  really as irresponsible, reckless and arrogant as it appears?  The firing of Inspector General Steve Linick is causing “firestorm” #81,753 of the Trump administration because he was reportedly investigating the Secretary of State’ss alleged misuse of taxpayer-funded assets for personal rather than professional purposes. Last summer, members of Congress looked at a whistle-blower complaint accusing Pompeo of asking diplomatic security agents to run errands like picking up restaurant takeout meals and retrieving the family dog from a groomer. In October, a Democratic senator called for a special counsel to investigate his use of State Department aircraft and funds for frequent visits to Kansas, his home.

More than one Trump Cabinet official has had to leave because of this stuff. Anyone working for President Trump has to know that they are under special scrutiny because a whole political party and the news media is searching for any means possible to weaken Trump’s Presidency, throw monkey wrenches into its work, and further undermine public trust. What Pompeo is accused of is petty abuse of power and position, but it is still abuse, and also arrogant rich guy-entitled, “Mad Men” style  self-indulgence. Pompeo knows it’s wrong, and also knows he’s a target. If the allegations are true, it is really stupid for him to do this, and also stupid for the President not to have announced a no-tolerance policy about this kind of conduct months, heck, years, ago.

2. An ethics analysis I had never heard of before: “The Shopping Cart Theory.” [Pointer: valkygrrl] Continue reading →